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SANJAY KUMAR DWIVEDI
Shree Kant Pal, son of late Asharfi Pal – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. cognizance order and facts of the case. (Para 1 , 2 , 3) |
| 2. arguments against legality of proceedings. (Para 4 , 5 , 6) |
| 3. provisions regarding search and seizure. (Para 7 , 8 , 9 , 10) |
| 4. authority's role in search and seizure. (Para 11 , 12 , 13 , 14) |
| 5. invalidity of proceedings due to lack of authority. (Para 15 , 16 , 17) |
| 6. judicial mind requirement for cognizance. (Para 18 , 19) |
| 7. quashing of criminal proceedings. (Para 20 , 21 , 22) |
JUDGMENT :
(Sanjay Kumar Dwivedi, J.) :
In both the petitions a common question of law and facts and order taking cognizance are involved and that is why both these petitions are heard together with consent of the parties.
2. These petitions have been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 28.5.2012 in connection with Chandwa P.S.Case No.98 of 2010, G.R. Case No.605 of 2010, pending in the court of learned Additional Chief Judicial Magistrate, Latehar and S.D.J.M, Latehar in both the cases respectively.
3. The FIR was registered alleging therein that the informant received telephonic message from SDO Latehar that rice of PDS was unloaded from truck in the godown of one Amardip
The provisions of the Public Distribution System (Control) Order, 2001 prevail over previous orders of State Governments, and unauthorized search and seizure is illegal.
Unauthorized search and seizure by an authority not authorized by the State Government under the Public Distribution System (Control) Order, 2001, vitiates the institution of the FIR and criminal pro....
Point of Law : Provisions of Clause 20(a) of the Control Order, 2018 empower only the police officer not below the rank of Sub-Inspector of the jurisdictional police station as competent to search an....
Procedural lapses in FIR registration render subsequent search and seizure invalid, emphasizing the importance of following legal protocol in criminal actions.
Unauthorized search and seizure by an unauthorised authority can vitiate the institution of a criminal proceeding.
Mandatory registration of FIR is required for cognizable offences, and failure to adhere to this process invalidates subsequent legal actions.
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